San Antonio DWI Lawyers

What Are the Penalties for DWI in Texas?

The penalties for driving while intoxicated (DWI) depend, in part, on the number of prior convictions. 

A first offense of DWI is punishable by the following penalties:

• A fine of up to $2,000
• Three days to 180 days in jail
• Loss of driver's license for up to a year
• Annual fee of $1,000 or $2,000 for three years to retain a driver's license

A first DWI can be classified in any of the following ways:

• A first DWI in Texas is classified as a Class B misdemeanor with a minimum of 72 hours in jail.
• A first DWI with an open container is classified as a Class B misdemeanor with a minimum of six days of jail time.
• A first DWI with a BAC of .15 or higher is classified as a Class A misdemeanor.

A second offense, DWI, is classified as a Class A misdemeanor subject to the following penalties:

• A fine of up to $4,000
• One month to a year in jail
• Loss of driver's license for up to two years
• Annual fee of $1,000, $1,500, or $2,000 for three years to retain a driver’s license

A third DWI offense is classified as a third-degree felony (often called “Felony DWI”) punishable by: 

• A $10,000 fine
• Two to 10 years in prison
• Loss of driver's license for up to two years
• Annual fee of $1,000, $1,500, or $2,000 for three years to retain a driver's license

After two or more DWI convictions in five years, the minimum penalties include a required special ignition switch that prevents the vehicle from being operated after consuming alcohol. The criminal penalties for felony DWI are significantly more severe. 

What DWI Charges Are Considered a Felony in Texas?

Those offenses include: 

• Intoxication Assault – third-degree felony
• Intoxication assault with serious bodily injury resulting in a persistent vegetative state – second-degree felony
• Intoxication assault – third-degree felony
• Intoxication assault – second-degree felony if serious bodily injury is caused to a peace officer, firefighter, or emergency medical personnel while in actual discharge of official duties
• Intoxication manslaughter – a second-degree felony
• Intoxication manslaughter -- second-degree felony
• Intoxicating manslaughter -- felony if serious bodily injury is caused to a peace officer, firefighter, or emergency medical personnel while in the actual discharge of official duties)

Can Drugs Contribute to a DWI Charge?

In some cases, the prosecutor will argue that a synergistic effect occurred because the defendant ingested a drug or controlled substance in such a quantity and to such an extent that it made the defendant more susceptible to being under the influence of an intoxicating liquor alone.

What Is the Penalty for DWI With A Child in the Car in Texas?

Texas law provides for enhanced penalties if you are accused of DWI with a child passenger under the age of 15 in the vehicle with you. 

The penalties for DWI with a child passenger include:

• A fine of up to $10,000;
• Up to two years in a state jail; and
• Loss of your driver's license for 180 days.

What Is Considered Intoxication Assault?

The criminal offense of intoxication assault requires proof beyond a reasonable doubt that the defendant operated a motor vehicle while intoxicated and caused another serious bodily injury. This is a third-degree felony, punishable by two to 10 years in prison and up to a $10,000.00 fine.

What Is Considered Intoxication Manslaughter?

If the DWI results in death, the crime is charged as intoxication manslaughter. A conviction for intoxication manslaughter comes with a maximum fine of $10,000.00 and/or imprisonment for two to 20 years. 

Intoxicated manslaughter or manslaughter with the use of a deadly weapon are both charged as a second-degree Felony.

Can a DWI Be Reduced?

DWI charges in Texas can potentially be reduced, but this outcome depends on several factors and the case's specifics. One typical reduction is from a DWI to an Obstruction of a Highway charge, a lesser offense with more lenient penalties. 

Achieving a reduction often involves negotiating a plea deal with the prosecution, presenting mitigating circumstances, or highlighting procedural errors made during the arrest or investigation. Our experienced DWI defense attorneys can thoroughly evaluate your case and work towards the most favorable outcome.

How DWI Charges Affect Your License

If convicted of DWI, you may face an automatic license suspension ranging from 90 days to two years, dependent on prior offenses and the specifics of the current charge. You have 15 days to challenge the suspension by requesting a hearing through the Administrative License Revocation (ALR) process with the Texas Department of Public Safety (DPS). 

Furthermore, refusal to submit to a blood or breath test can lead to an automatic suspension under Texas's "implied consent" laws. A temporary license, known as an Occupational Driver’s License (ODL), is possible for essential work, school, and household duties. Navigating these complexities requires professional legal guidance to protect your rights and preserve your driving ability.

Common Mistakes When Charged with a DWI in Texas

Facing a DWI charge can be a daunting experience, and many individuals make mistakes that can negatively impact their case. Being aware of these common pitfalls can help you navigate the legal process more effectively and may improve your chances of achieving a favorable outcome.

• Not Hiring an Experienced Attorney: One of the biggest mistakes people make is not hiring an experienced San Antonio DWI attorney. A skilled lawyer understands the intricacies of DWI law in Texas and can provide crucial guidance and representation. Without proper legal counsel, you risk making uninformed decisions that might worsen your situation.
• Failing to Request an Administrative License Revocation (ALR) Hearing: After being charged with a DWI, it’s essential to request an ALR hearing within 15 days to contest the suspension of your driver’s license. Many individuals overlook this deadline, leading to automatic suspension, which can severely impact daily life and employment.
• Admitting Guilt or Providing Incriminating Information: In the heat of the moment, some individuals may admit guilt or provide law enforcement with incriminating information. It is crucial to exercise your right to remain silent and avoid making any statements without your San Antonio DWI attorney present.
• Assuming Guilt Without Examining Evidence: Many people assume that failing a breathalyzer or field sobriety test translates directly to guilt. However, several factors can affect these tests' accuracy, such as medical conditions, improper calibration of equipment, or officer error. An experienced attorney can scrutinize the evidence and potentially identify weaknesses in the prosecution's case.
• Missing Court Dates or Deadlines: Missing a court date or important deadline can significantly hurt your case and result in additional penalties or even an arrest warrant. Keeping track of all legal obligations and showing up on time is vital for a successful defense.
• Delaying Legal Action: Time is of the essence when dealing with a DWI in San Antonio. Delaying legal action or waiting too long to consult an attorney can limit your defense options. Promptly seeking legal representation ensures that crucial evidence is preserved, and a strategic defense plan is put in place.
• Ignoring Potential Defenses: Some individuals may not realize that several defenses could apply to their case. An experienced San Antonio DWI attorney can explore various avenues, such as questioning the validity of the traffic stop, challenging the accuracy of chemical tests, or examining procedural errors during the arrest.
• Assuming First-Time Offenders Aren’t at Risk: First-time offenders might think they will receive leniency simply because it is their first offense. Texas DWI laws are strict, and even first-time offenders can face severe penalties, including hefty fines, license suspension, and jail time. Taking the charge seriously and seeking professional legal help is crucial.

If you are facing a DWI in San Antonio, avoiding these common mistakes can significantly impact the outcome of your case. Retaining a knowledgeable and experienced attorney from Flanary Law Firm, PLLC can guide you through the legal complexities and work toward the best possible resolution.